Terms and conditions

Article 1 ā€“ Definitions

In these general terms and conditions, the following terms have the meanings as described below:

  • Consumer: The natural person who does not act in the exercise of a profession or business and who enters into a distance contract with tktx.tattoo.
  • Entrepreneur: The legal entity or natural person who offers products and/or services remotely to consumers.
  • Distance contract: A contract in which, within the framework of an organized system by the entrepreneur for the remote sale of products and/or services, only one or more means of distance communication are used up to and including the conclusion of the contract.
  • Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the reflection period.
  • Reflection period: The period within which the consumer can exercise their right of withdrawal.
  • Day: Calendar day.

Article 2 ā€“ Applicability

  1. These general terms and conditions apply to every offer from tktx.tattoo and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, tktx.tattoo will indicate how the general terms and conditions can be consulted before the contract is concluded and that they will be sent free of charge upon request by the consumer.
  3. If specific product or service conditions apply in addition to these general terms and conditions, the above applies accordingly, and in case of conflicting conditions, the consumer may always invoke the provision most favorable to them.

Article 3 ā€“ The Offer

  1. Every offer from tktx.tattoo is non-binding. The entrepreneur has the right to modify and adjust the offer.
  2. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If tktx.tattoo uses images, they are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer, particularly:
    • The price, including taxes
    • Any shipping costs
    • The method by which the contract will be concluded and what actions are required for this
    • The method of payment, delivery, and execution of the contract
    • The period for accepting the offer or the period within which the entrepreneur guarantees the price.

Article 4 ā€“ The Agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.
  2. If the consumer has accepted the offer electronically, tktx.tattoo will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
  3. If the contract is concluded electronically, tktx.tattoo will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. tktx.tattoo may, within legal frameworks, investigate whether the consumer can fulfill their payment obligations and all other facts and factors important for responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or attach special conditions to its execution.

Article 5 ā€“ Right of Withdrawal

  1. The consumer may dissolve a contract regarding the purchase of a product within a 14-day reflection period without stating reasons. tktx.tattoo may ask the consumer for the reason for withdrawal but may not oblige them to provide their reason(s).
  2. The reflection period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.
  3. If the consumer purchases a service, the reflection period starts on the day following the conclusion of the contract.

Article 6 ā€“ Consumer Obligations During the Reflection Period

  1. During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to tktx.tattoo, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  2. The consumer is only liable for any depreciation of the product resulting from handling it beyond what is permitted in paragraph 1.

Article 7 ā€“ Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

  1. If the consumer exercises their right of withdrawal, they must notify tktx.tattoo within the withdrawal period in writing via the contact form or email. After this notification, the consumer has 14 days to return the product.
  2. The consumer returns the product to the address provided by tktx.tattoo. The direct costs of returning the product are borne by the consumer.
  3. If the consumer has paid an amount, tktx.tattoo will refund this amount as soon as possible but no later than 14 days after withdrawal.

Article 8 ā€“ Entrepreneur Obligations for Withdrawal

  1. If tktx.tattoo enables electronic notification of withdrawal by the consumer, they will immediately send an acknowledgment of receipt upon receiving this notification.
  2. tktx.tattoo reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but no later than 14 days following the day the consumer reports the withdrawal. Unless tktx.tattoo offers to collect the product itself, it may wait to refund until it has received the product or until the consumer proves they have returned the product, whichever comes first.

Article 9 ā€“ Exclusion of the Right of Withdrawal

tktx.tattoo may exclude the consumerā€™s right of withdrawal for the following products:

  • Products made to the consumer’s specifications;
  • Products that perish quickly or have a limited shelf life;
  • Sealed products that are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
  • Products that are irrevocably mixed with other products after delivery.

Article 10 ā€“ The Price

  • The prices stated in the offer of products or services include VAT.
  • During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
  • Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Article 11 ā€“ Compliance with Agreement and Additional Warranty

  • tktx.tattoo guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded.
  • Any additional warranty provided by tktx.tattoo, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert under the agreement against the entrepreneur if tktx.tattoo has failed to fulfill its part of the agreement.

Article 12 ā€“ Delivery and Execution

  • tktx.tattoo will exercise the greatest possible care in receiving and executing product orders and in assessing requests for the provision of services.
  • The place of delivery is the address that the consumer has provided to tktx.tattoo.
  • Subject to the provisions of Article 4 of these general terms and conditions, tktx.tattoo will execute accepted orders with due speed but no later than 30 days unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified within 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  • Upon termination in accordance with the previous paragraph, tktx.tattoo will immediately refund the amount paid by the consumer.

Article 13 ā€“ Payment

  • Unless otherwise specified in the agreement or additional conditions, the amounts due by the consumer must be paid within 14 days after the start of the reflection period, or if there is no reflection period, within 14 days after the conclusion of the agreement.
  • When selling products to consumers, the consumer can never be required to make an advance payment of more than 50% under general terms and conditions. If advance payment has been agreed upon, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.

Article 14 ā€“ Complaints Procedure

  • tktx.tattoo has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.
  • Complaints about the execution of the agreement must be submitted to tktx.tattoo within a reasonable time after the consumer has discovered the defects, fully and clearly described.
  • Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed response.

Article 15 ā€“ Retention of Ownership

  • All products delivered by tktx.tattoo remain the property of the entrepreneur until the consumer has properly fulfilled all obligations arising from the agreement(s) concluded with tktx.tattoo.
  • The consumer is not authorized to pledge or encumber the goods delivered under retention of ownership in any way.

Article 16 ā€“ Additional Provisions

  • In addition to these general terms and conditions, additional conditions may apply to specific products or services. These will be clearly stated in the offer for the respective products or services.
  • In the event of a conflict between provisions in these general terms and conditions and the additional conditions, the provisions of the additional conditions shall prevail unless otherwise agreed.